{"id":7894,"date":"2019-07-29T13:15:54","date_gmt":"2019-07-29T17:15:54","guid":{"rendered":"http:\/\/localhost:10028\/uncategorized\/some-obvious-and-hidden-heat-wave-consequences\/"},"modified":"2019-07-29T13:15:54","modified_gmt":"2019-07-29T17:15:54","slug":"some-obvious-and-hidden-heat-wave-consequences","status":"publish","type":"post","link":"https:\/\/napolilaw.lemonadestand.org\/ja\/article\/some-obvious-and-hidden-heat-wave-consequences\/","title":{"rendered":"\u3044\u304f\u3064\u304b\u306e\u660e\u767d\u3067\u96a0\u308c\u305f\u71b1\u6ce2\u306e\u5f71\u97ff"},"content":{"rendered":"<p>As one of the worst heat waves since the Stone Age drags on, many New Yorkers are aware of possible ill effects like heat wave dehydration and heat stroke.<\/p>\n<p>But did you know that heat waves also increase the number of <a href=\"\/ja\/%e7%b7%b4%e7%bf%92%e5%a0%b4\/%e4%ba%ba%e8%ba%ab%e5%82%b7%e5%ae%b3\/%e6%96%bd%e8%a8%ad%e8%b2%ac%e4%bb%bb\/\">violent assaults<\/a>?<\/p>\n<p>Extreme high temperatures are the most deadly form of weather in the United States.<\/p>\n<p>Heat waves kill more people than tornadoes and hurricanes combined.<\/p>\n<p>Dehydration is a concern as temperatures rise.<\/p>\n<p>At the risk of sounding improper, if your urine is colored or bubbly, you are probably dehydrated, regardless of volume.<\/p>\n<p>Heat stroke is an even more serious effect, and it is also much harder to detect.<\/p>\n<p>When body temperature rises above 104, which is just a few degrees above normal, many people experience \u201ccramping and dizziness,\u201d according to Northwestern University Emergency Medicine Professor Dr. Scott Dresden.<\/p>\n<p>These individuals need to get out of the heat and hydrate.<\/p>\n<p>\u201cOther, <a href=\"https:\/\/www.cnn.com\/2019\/07\/19\/health\/heat-wave-health\/index.html\" target=\"_blank\" rel=\"noopener\">more serious symptoms<\/a> are if somebody actually passes out or collapses from the heat,\u201d he added.<\/p>\n<p>These individuals need medical attention.<\/p>\n<p>If they do not receive medical treatment, extreme heat stroke victims may experience organ shutdown or death.<\/p>\n<p>Forecasters predict that the New York City weather pattern may change by the end of July and the beginning of August.<\/p>\n<h2>The Link Between High Temperatures and Violent Assaults<\/h2>\n<p>A long series of scientific studies confirm that this connection is <a href=\"https:\/\/www.ncbi.nlm.nih.gov\/pubmed\/9418277\" target=\"_blank\" rel=\"noopener\">real<\/a>.<\/p>\n<p>In fact, a 2015 Spanish study concluded that high temperatures fueled a 7.7 percent increase in violent assaults.<\/p>\n<p>While New York City personal injury attorneys are powerless against the weather, they can successfully handle a claim for compensation following an assault.<\/p>\n<p>The relationship is easy to explain, according to most researchers.<\/p>\n<p>Heat makes people cranky.<\/p>\n<p>That uncomfortableness colors every experience.<\/p>\n<p>Minor insults suddenly become major insults which demand an aggressive, or even a violent, response.<\/p>\n<p>Another remarkable study focused on the relationship between high temperatures and HBP (Hit By Pitch) incidents in Major League Baseball.<\/p>\n<p>A team of researchers examined the issue and concluded that \u201cthe probability of a pitcher hitting a batter <a href=\"http:\/\/pss.sagepub.com\/content\/22\/4\/423\" target=\"_blank\" rel=\"noopener\">increases sharply<\/a> at high temperatures when more of the pitcher\u2019s teammates have been hit by the opposing team earlier in the game.\u201d<\/p>\n<p>All this research probably originated with a 1984 study which connected high temperatures and aggressive driving.<\/p>\n<p>One researcher intentionally sat through an entire 12-second green light in Phoenix, and other researchers measured motorists\u2019 responses.<\/p>\n<p>\u201cResults indicated a direct linear increase in horn honking with increasing temperature.<\/p>\n<p>Stronger results were obtained by examining only those subjects who had their windows rolled down (and presumably did not have air conditioners operating),\u201d they concluded.<\/p>\n<h2>Holding Property Owners Liable for Assaults<\/h2>\n<p>Muggings, rapes, murders, barroom fights, and other such incidents often cause unbelievable suffering for victims and their families.<\/p>\n<p>The medical bills are often very high, and these expenses often pale in comparison to the extreme pain and suffering these individuals must endure.<\/p>\n<p>If the incident occurs in a place outside one\u2019s own home, like a parking lot or a party, the property owner may be liable for these damages.<\/p>\n<p>Establishing liability is usually a three-step process.<\/p>\n<h2>Legal Duty<\/h2>\n<p>First, the property owner must owe a legal duty to the victim.<\/p>\n<p>Like most other states, New York law is based on a common law classification system which divides victims into:<\/p>\n<ul>\n<li>Invitees (people with direct or indirect permission to be on the land and who provide a direct or indirect benefit to the owner),<\/li>\n<li>Licensees (permission but no benefit), and<\/li>\n<li>Trespassers (no benefit and no duty).<\/li>\n<\/ul>\n<p>Most property assault victims are invitees.<\/p>\n<p>Examples include shoppers, even if they do not buy anything, and party guests, even if the host does not particularly like the guest.<\/p>\n<p>In these situations, the owner has a duty of reasonable care. That\u2019s the highest duty in New York law.<\/p>\n<p>Other victims are licensees.<\/p>\n<p>The guest of a hotel guest is probably a licensee, and is a child who cuts across a parking lot on the way home from school.<\/p>\n<p>If the victim was in this category, the owner had a duty to warn about latent (hidden) defects, like a burned-out security light.<\/p>\n<p>If the victim was a trespasser, the owner generally had no duty of care.<\/p>\n<h2>\u77e5\u8b58<\/h2>\n<p>Second, the victim-plaintiff must prove the owner knew about a dangerous property condition which caused the injury.<\/p>\n<p>Some common dangers in the assault context include the aforementioned burned-out security light, as well as inadequate overall security.<\/p>\n<p>Evidence of knowledge may be either:<\/p>\n<ul>\n<li><strong>\u76f4\u63a5<\/strong>: Unpaid repair invoices and government inspection reports are two examples of \u201csmoking gun\u201d direct evidence.<\/li>\n<li><strong>\u72b6\u6cc1\u306b\u5fdc\u3058\u3066<\/strong>: If there is no direct evidence of actual knowledge, victim-plaintiffs may use the time-notice rule to establish constructive knowledge (should have known).<\/li>\n<\/ul>\n<p>The time-notice rule is a bit like a banana peel on the floor.<\/p>\n<p>If the peel was yellow, it probably just fell, so the owner had no duty to pick it up.<\/p>\n<p>But if the peel was black, it had been on the floor for a while, and constructive knowledge attaches.<\/p>\n<h2>\u4e88\u898b\u53ef\u80fd\u6027<\/h2>\n<p>Third, the assault must be foreseeable.<\/p>\n<p>In other words, the circumstances must indicate that an assault was likely.<\/p>\n<p>\u4e88\u898b\u53ef\u80fd\u6027\u306e\u8a3c\u62e0\u306b\u306f\u4ee5\u4e0b\u304c\u542b\u307e\u308c\u307e\u3059\u3002<\/p>\n<ul>\n<li>Prior assaults at that location,<\/li>\n<li>Excessively hot weather,<\/li>\n<li>Large gatherings of people at one location,<\/li>\n<li>A location in a dangerous neighborhood, and<\/li>\n<li>Recent assaults at nearby places.<\/li>\n<\/ul>\n<p>In court, victim-plaintiffs must establish all three of these elements by a preponderance of the evidence (more likely than not).<\/p>\n<p>The damages in premises liability assault cases usually include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.<\/p>\n<p>When heat rises, tempers flare, people get hurt, and landowners are responsible.<\/p>\n<p>\u3068\u306e\u7121\u6599\u76f8\u8ac7\u306e\u305f\u3081\u306b <a href=\"\/ja\/%e3%81%8a%e5%95%8f%e3%81%84%e5%90%88%e3%82%8f%e3%81%9b\/\">\u30cb\u30e5\u30fc\u30e8\u30fc\u30af\u3067\u7d4c\u9a13\u8c4a\u5bcc\u306a\u4eba\u8eab\u50b7\u5bb3\u5f01\u8b77\u58eb<\/a>, contact Napoli Shkolnik, .<\/p>\n<p>\u904e\u5931\u306e\u5834\u5408\u3001\u524d\u6255\u3044\u306e\u5f01\u8b77\u58eb\u8cbb\u7528\u306f\u8acb\u6c42\u3057\u307e\u305b\u3093\u3002<\/p>","protected":false},"excerpt":{"rendered":"<p>\u77f3\u5668\u6642\u4ee3\u4ee5\u6765\u306e\u6700\u60aa\u306e\u71b1\u6ce2\u306e 1 \u3064\u3068\u3057\u3066\u3001\u591a\u304f\u306e\u30cb\u30e5\u30fc\u30e8\u30fc\u30ab\u30fc\u306f\u3001\u71b1\u6ce2\u8131\u6c34\u75c7\u3084\u71b1\u5c04\u75c5\u306a\u3069\u306e\u60aa\u5f71\u97ff\u306e\u53ef\u80fd\u6027\u3092\u8a8d\u8b58\u3057\u3066\u3044\u307e\u3059\u3002\u3057\u304b\u3057\u2026<\/p>","protected":false},"author":3,"featured_media":7895,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"inline_featured_image":false,"footnotes":""},"categories":[775],"tags":[847,851,951],"class_list":["post-7894","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-personal-injury","tag-accident-attorney","tag-personal-injury-lawyers-near-me","tag-heat-wave"],"acf":[],"page_builder_type":"gutenberg","gutenberg_data":[],"_links":{"self":[{"href":"https:\/\/napolilaw.lemonadestand.org\/ja\/wp-json\/wp\/v2\/posts\/7894","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/napolilaw.lemonadestand.org\/ja\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/napolilaw.lemonadestand.org\/ja\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/ja\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/ja\/wp-json\/wp\/v2\/comments?post=7894"}],"version-history":[{"count":0,"href":"https:\/\/napolilaw.lemonadestand.org\/ja\/wp-json\/wp\/v2\/posts\/7894\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/ja\/wp-json\/wp\/v2\/media\/7895"}],"wp:attachment":[{"href":"https:\/\/napolilaw.lemonadestand.org\/ja\/wp-json\/wp\/v2\/media?parent=7894"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/ja\/wp-json\/wp\/v2\/categories?post=7894"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/ja\/wp-json\/wp\/v2\/tags?post=7894"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}